finalized and the case filed.” The State, in turn, in its reply of December 15, 1994, has globally
held “that [with regard to all the proceedings initiated by the petitioner, which by reason of the
date include the proceedings in question, N 24519] they show that domestic remedies have not
been exhausted.” In sum: (a) the exact date on which the ruling became final and was notified is
not known, and (b) the State, by maintaining that the domestic remedies have not been
exhausted, forfeits the right to argue any failure in complying with filing period in connection with
this case. Consequently, the Commission declares that said requirement has been met in respect
of these proceedings.
Regarding the alleged torture
50. The proper remedy was proceedings N 24079 (for maltreatment and removal of the medical
file). The Supreme Court’s final ruling was handed down on April 15, 1997, and notice was given
over the following days. Consequently, as regards this aspect of the case, the requirement has
been met.
Regarding the alleged denial of a fair trial
51. The proper remedy was proceedings N 32989, “for irregularities in the proceedings [24079,
allegedly committed by unidentified police and judicial officers].” The final ruling issued by the
investigating judge is dated February 21, 1995, and notice was given over the following days.
Consequently, as regards this aspect of the case, the requirement has been met.
52. In sum, the filing period requirement has been met as regards the alleged deprivation of
personal liberty, torture, and denial of a fair trial.
c.
Duplication of proceedings and res judicata
53. There is no evidence to indicate that the substance of the petition is pending settlement in any
other international proceeding or that it is substantially similar to another case already examined
by the Commission or any other supranational agency.
d.
Nature of the allegations
54. After the analysis of the Commission’s competence and of the formal requirements for
admissibility, the substance of the case has been reduced to the following allegations: arbitrary
arrest (illegal deprivation of personal liberty); torture; and denial of the right to a fair trial. The
next step is to determine whether, if the allegations are confirmed, they constitute prima
facie violations of the Convention as required by Article 47.b.
Regarding the alleged arbitrary arrest — illegal deprivation of personal liberty (Convention, Article
7)
55 The Commission notes that the petitioner’s allegations refer to the arrest warrant issued
against him by National Criminal Investigating Court N 30 and carried out on April 5, 1988.
56. There is nothing in the petitioner’s submissions that would allow the Commission to conclude
that these allegations constitute a breach of the provisions of Article 7 of the Convention
regarding the right to personal liberty. The petitioner was arrested “for the reasons and under the
conditions established beforehand by the laws of Argentina].”
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